Equality Act 2006 Explanatory Notes

150.Section 39 sets conditions under which a Minister of the Crown may make secondary legislation under Part 1 of the Act. Subsection (1) requires all orders and regulations to be made by statutory instrument, and subsection (2) provides that any order or regulations may make provision generally or for specified purposes, may make different provision for different purposes, and may include transitional, incidental or consequential provisions.

151.Subsection (3) provides that certain orders and regulations are subject to the negative resolution procedure, namely:

any order revoking a code of practice issued by the CEHR (under section 15(3));

any order extending the range of proceedings in which the CEHR may provide assistance (under section 28);